Durable Power Of Attorney Form (mass.)
Q: Regarding a "Durable Power Of Attorney" form: I realize that you have to get them notarized. But afterwards, do they have to be filed with any State agency, or just put them in your safe deposit box until, and if, needed ? The reason I am asking is all those web sites that offer the forms for a fee. Was wondering what happens after you generate one. BTW: I looked, but couldn't find any site for downloading a free one suitable for Mass. Nor could i find any local agency to obtain one. Anyone know of a web site for to obtain a free form ?
A: What's your basis for your "have to" this asserted realization (unless, for course, one of the powers created/delegated thereby is to convey real property owned by the principal)? May, not "have to" (subject, again, to whether you're referring to a power created/delivered to the agent for the purpose of conveying real property and for some other specific kinds of transactions). Also, don't overlook the practical reality that, despite what one may argue are provisions of law requiring otherwise, not all financial services and related institutions will act in reliance on a power of attorney not on a form approved by them. The more important "wond'in'?" concerns whether the principal is drafting this document on a prophylactic "what if" and "maybe" basis compared with whether there is a presently foreseeable particular use/purpose for the instrument and, if so, what that use/purpose is.